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(영문) 서울고등법원 2017.06.07 2016나2063034

사해행위취소

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a guarantee agreement with D on the obligations of loans to the Bank of Korea of D, and guaranteed D’s repayment of principal and interest by issuing a credit guarantee form as follows.

(3) On September 22, 2009 ( September 17, 2015), a small and medium enterprise financing loan (10,000,000) (2.00,000,000) was not paid annually to the Plaintiff on September 23, 2008 (10,00,000,000,000,000 as of September 15, 201; 2.0,000,000,000,000 per annum on April 15, 2011; 3.0,000,000,000,000,000 per annum as to the repayment of the principal obligation to the Plaintiff on April 15, 2011; and 2.0,000,000,000,000,000 per annum as determined by the Plaintiff on April 13, 2015.

B. (1) AD forfeited the benefit of each of the above loans to a natural body on March 16, 2015; (2) on May 19, 2015, the Plaintiff paid to the Industrial Bank of Korea the principal and interest of the loan due to each of the above guarantees (i.e., KRW 114,11,616 (i.e., KRW 77,531,083 and KRW 36,580,533) on behalf of the principal and interest of the loan due to each of the above guarantees on May 19, 2015; and (ii) on behalf of the second guarantee, the amount of additional guarantee fees calculated from the date following the expiration of the period of guarantee until the date preceding the date of the expiration of the period of guarantee by subrogation is KRW 82,450 ( KRW 36,00,000 x KRW 2.20 x KRW 38/365